FRENCH CODES. The chief French codes of the present day are five in number, some times known as Les Cinq Codes. They were in great part the work of Napoleon, and the first in.•order bears his name. They are all frequently printed in one duodecimo vol ume. These codes do not embody the whole French law, but minor codes and a number of scattered statutes must also be resorted to upon special subjects.
Code Civil, or Code Napoldon, is composed of thirty-six laws, the first of which was in 1803 and the last in 1804, which united them all in one body, under the name of Code Civil des Francais.
The first steps towards its preparation were taken. in 1793, but it was not prepared till some years sub sequently, and was finally thoroughly discussed in all its details by the Court of Cessation, of which Napoleon was president and in the discussions of which he took an active part throughout. In 1807 a new edition was promulgated, the title Code Nwpo 2don being substituted. In the third edition (1816) the old title was restored ; but in 1852 (the Second Empire) it was again displaced by that of Napoleon and after the Republic came in, in 1870, it again became the Code Civil.
Under Napoleon's reign it became the law of Hol land, of the Confederation of the Rhine, Westphalia, Bavaria, Italy, Naples, Spain, etc. It has under gone great amendment by laws enacted since it was established. It is divided into three books. Book 1, Of Persons and the enjoyment and privation of civil rights. Book 2, Property and its different modifications. Book 3, Different ways of acquiring property. Prefixed to it is a preliminary title; Of the Publication, Effects, and Application of Laws in General.
One of the most perspicuous and able commenta tors on this code is Toullier, frequently cited in this work.
There is an English translation by Cachard and a later one by Wright.
Writing from the standpoint of a common-law lawyer, James C. Carter (the Law, etc., 303) refers to the Code Napoleon, so far as establishing a sys tem of law certain, easy to be learned and easy to be administered, as a failure, citing Amos, An English Code, as holding the same view. For a his
tory of, it, see 40 Amer. L. Rev. 833, by U. M. Rose; 49 Amer. L. Reg. (0. 8.) 127, by W. W. Smithers.
Code de Procedure Civil. That part of the code which regulates civil proceedings.
It is divided into two parts. Part First consists of five books: the first of which treats of justices of the peace; the second, of inferior tribunals ; the third, of royal (or appellate) courts; the fourth, of extraordinary means of proceeding; the fifth, of the execution of judgments. Part Second le divided into three books, treating of various matters and proceedings special in their nature.
Code de Commerce. The code for the reg ulation of commerce.
This code was enacted in 1807. Book 1 Is entitled, Of Commerce in General. Book 2, Maritime Com merce. The whole law of this subject is not em bodied in this book. Book 3, Failures and Bank ruptcy. This book was very largely amended by the law of 28th May, 1838. Book 4, Of Commercial Jurisdiction,—the organization, jurisdiction and pro ceedings • of commercial tribunals. This cods is, in one sense, a supplement to the Code Napoleon, applying the principle of the latter to the various subjects of commercial law. Sundry laws amend ing It have been enacted since 1807. Pardessus is one of the most able of its expositors. See Goi rand, Code of Commerce.
Code d'Instruction, Crinuinelle. The code regulating procedure in criminal cases, tak ing that phrase in a broad sense.
Book 1 treats of the police; Book 2, of the admin istration of criminal justice. It was enacted in 1808 to take effect with the Penal Cods in 1811.
Code Penal. The penal or criminal code.
Enacted in 1810. Book 1 treats of penalties in criminal and correctional cases, and their effects ; Book 2, of crimes and misdemeanors, and their punishment ; Book 3, offences against the police regulations, and their punishment. Important amendments of this code have been made by subse quent legislation.